I-693 RFE, what to do?

[rin and john 71]

Also seen on the Q&A page:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

"Q. Will USCIS accept a Form I-693 if the civil surgeon performed a chest x-ray without the initial TB test (either TST or IGRA)?

A. No. USCIS will not accept a Form I-693 if the civil surgeon performed a chest x-ray without the initial TB screening test (either TST or IGRA) and if the civil surgeon failed to provide a valid exception to the TST or IGRA initial screening requirement."

Did those of you having RFEs have an x-ray test overseas to test for TB or one of the other tests (TST or IGRA)? Rin had had an x-ray in Thailand (prior to the May 2008 changes - so had to have the TST in USA during her medical last year).

[rin and john 71]

Also found this memorandum:

http://www.uscis.gov/USCIS/Laws/Memoranda/...anges121509.pdf

Pages 4 to 10 update the USCIS Adjudicators Field Manual. Given the timing of the RFEs, I highly suspect something in these changes have resulted in increased RFEs regarding I-693.

[gerrymeridamx 2]

Seems as if alot of November filers are getting RFEs for the I-693. Possible explanations:

1) The USCIS has all of a sudden gotten much worse at losing documents, particularly the I-693; (doubtful)

or

2) The guidelines the adjudicators have been given have changed.

Reading the instructions, possible explanations:

A) Changes to Special Instructions:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

"Editions: Current edition is 10/14/2009. Previous editions (Edition 06/05/2008) will be accepted for medical assessments conducted on or before December 31, 2009 only for medical exams conducted on or after November 1, 2009 that utilize the Tuberculin Skin Screening Test (TST). If a civil surgeon utilizes an IGRA test to fulfill the initial TB screening test requirement, the civil surgeon MUST use the October 14, 2009 edition of Form I-693 to record the IGRA result. On or after January 1, 2010, the results of the medical examinations must be recorded on the October 14, 2009 edition of Form I-693 irrespective of the TB test used."

Perhaps if the TB test is the wrong (IGRA) on the old form? Or if the panel physician medical exam record shows the wrong TB test? When Rin went through AOS last year, she had to have the newer TB test being done at that time (TST).

B) More strict enforcement on dotting I's and crossing T's (errors on report, envelope not properly sealed, unsigned forms, etc, etc, etc - who knows???)

C) USCIS wanting the medical on their forms versus the State Department's forms that came from overseas? Perhaps their are now discrepancies between the two and the USCIS is no longer accepting the foreign medical forms from all consulates?

We used the newest form 10/14/09.

So our RFE is not because of that. Our Infopass meeting is at 9:30 tomorrow so hopefully USCIS will tell us what to do.

[NatPatBen 3]

Also found this memorandum:

http://www.uscis.gov/USCIS/Laws/Memoranda/...anges121509.pdf

Pages 4 to 10 update the USCIS Adjudicators Field Manual. Given the timing of the RFEs, I highly suspect something in these changes have resulted in increased RFEs regarding I-693.

Thanks a lot for this link. Good info there, including a link to the instructions for Civil Surgeons: http://www.cdc.gov/ncidod/dq/pdf/civil_sur...nstructions.pdf

Edited December 28, 2009 by NatPatBen

[cmac021 0]

I received 2 yellow RFE notices...The first stated Part 1 of I-693 was not signed, while the 2nd said that Part 5 of the I-693 was not signed.

I went to a CS in Phoenix when I filed my AOS and explained that I didn't require another physical exam as it was less than a year old. He agreed to transcribe the vaccination record for $50 but refused to sign Part 5 as he says he did not do the actual physical exam so legally he can not sign that section of the form.

I called a number of places in the area and all of them either said that they would not do the vaccination transcription only, or if they did the transcription they would charge the same amount as the physical exam.

[NatPatBen 3]

cmac021, isn't that ridiculous? If USCIS doesn't require the civil surgeon to complete all sections in the case of a K-visa conversion, that should be plainly stated in their instructions to the civil surgeons... but it isn't.

What we plan to do is bring the I-693 instructions and the Civil Surgeon instructions. I've already highlighted the applicable sections.

[gerrymeridamx 2]

We went to the Infopass meeting this morning and spoke to an adjudicator who told us that we should just photo copy the parts of the I-693 that the Civil Surgeon filled out (which is really just the vaccine transcription) and to write a letter to include with the RFE explaining that K-1 visa recipients do not need to repeat medical. He also told me to include a transcript of the law that states:

"Per Section 1245.5 in the Code of Federal Regulations, a medical

examination shall not be required of an applicant for adjustment of

status who entered the United States as a non-immigrant spouse,

fiancée, or fiancée of a United States citizen or the child of such an

alien as defined in section 101(a)(15)(K) of the Act and §214.2(k) of

8 CFR chapter I if the applicant was medically examined prior to, and

as a condition of, the issuance of the non-immigrant visa; provided

that the medical examination occurred not more than 1 year prior to

the date of application for adjustment of status."

He said that "frequently" the medical envelope turned in at the POE is lost. He said he doesn't know that to be the situation in our case but he suspects that is the problem. He said that by copying and resubmitting the vaccine transcript and sending and explanation is a first step. He said it is possible that we will get a second RFE and have to do a full medical again anyway.

My husband and I left the Infopass appointment and sat in our parked car and talked. We decided that we didn't want to risk a second RFE. We called all of the Civil Surgeons in the area and found the cheapest one that could give us an appointment today. We went ahead and got another fum medical for another $150.

What a bummer. I guess spending the extra $150.00 will give me some peace of mind that we will not get a second RFE. I don't suppose I will include the copy of the law in my letter in response to the RFE though because that is water under the bridge.

[Wis-Can 0]

cmac021, isn't that ridiculous? If USCIS doesn't require the civil surgeon to complete all sections in the case of a K-visa conversion, that should be plainly stated in their instructions to the civil surgeons... but it isn't.

What we plan to do is bring the I-693 instructions and the Civil Surgeon instructions. I've already highlighted the applicable sections.

That's what we did, brought a copy of the instructions. The doctor seemed unsure but once he read through it he said, "ok, if that's what they are saying..lets do it."

Hopefully that will give them what they are asking for with the RFE.

[Mford019 0]

Add us to the list of RFE's for I-693. We are November filers. My husband (then fiance) entered on a K1.

My husband used a local CS for the transcription of his vaccines .

He also filled out the Part 1 and the CS filled out the vaccination history and certification part which are pages 3 and 5 of the form.

The CS didn't fill out section 1 and 2 of the Part 2 Medical Exam of the form.

This morning we got back from driving 4 hours to our biometrics appointment and were so happy all the way home. We got home to an RFE in the mailbox and made an infopass appointment for tomorrow (another 4 hours of driving). We called USCIS and they said they aren't sure what to say except to get an infopass appointment. I really hope the solution isn't to pay again for medical because the first medical in Juarez was so expensive and the vaccine transcription alone from the CS was $175. Christmas is a terrible time to have hundreds of dollars of unexpected expenses.

Please let me know if anyone gets any information on why this is happening and what we should do.

Did you use a CS in el paso, and if so who did you use?

[Wis-Can 0]

Also seen on the Q&A page:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

"Q. Will USCIS accept a Form I-693 if the civil surgeon performed a chest x-ray without the initial TB test (either TST or IGRA)?

A. No. USCIS will not accept a Form I-693 if the civil surgeon performed a chest x-ray without the initial TB screening test (either TST or IGRA) and if the civil surgeon failed to provide a valid exception to the TST or IGRA initial screening requirement."

Did those of you having RFEs have an x-ray test overseas to test for TB or one of the other tests (TST or IGRA)? Rin had had an x-ray in Thailand (prior to the May 2008 changes - so had to have the TST in USA during her medical last year).

I am thinking that's why we got an RFE for the I-693 as they only did a chest x-ray. We just sent back the vacc. portion of the I-693 as we hadn't done that previously. It didn't say anything about the TB thing, but its a generic letter. I know a couple people that were approved without the TB skin test only the chest x-ray. I just wish they would be more accurate in requesting info and not a general request that leaves you wondering if your sending in the correct info. If your paying for a medical in your own country done by US Designated Civil Surgeons then you would think they would do what was required. We have our biometrics January 8th. We are trying to schedule an infopass appt for the same day and see if we can find something out. I think we will just end up having a complete medical again.

[gerrymeridamx 2]

Did you use a CS in el paso, and if so who did you use?

There are two CS clinics in Juarez and we used:

CLINICA MEDICA INTERNACIONAL